LexEX. CAPT. R.S. DHULL versus STATE OF HARYANA AND ORS.
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A EX. CAPT. R.S. DHULL v. STATE OF HARYANA AND ORS. APRIL 21, 1998 B [DR. A.S. ANAND ANDS. RAJENDRA BABU, JJ.] Punjab Civil Service (Executive Branch) Rules, 1930: Rule 7(1). Service law-Promotion-Appellant an ex-serviceman-Accepted as C Tehsildar candidate-Adverse remarks against appellant-Expunction by High Court-Consequently appellant promoted as District Revenue Officer- Thereafter appellant preferred petition before this Court-Direction issued by this Court to consider appellant's name for promotion to H. C.S. (Executive Branch) without taking into account the expunged adverse remarks- D Appellant's case considered but his service record was not found better than that of the candidates recommended to the Commission-Writ preferred by appellant alleging wrongful exclusion of his name-Dismissal of writ by Single Judge-Appeal dismissed by Division Bench-Appellant preferred appeal before this Court-Held the appellant had only a right to be considered-His case was properly considered ignoring the expunged adverse E entries by a High Powered Committee but he was not found suitable by that Committee to be recommended to the Commission-It cannot be said that there was any lack of consideration of his case or that the consideration of his case was based on any irrelevant or inadmissible grounds-The record reveals that his case was considered-It cannot be said that the consideration F of his case suffered from any infirmity- There is no reason to interfere with the orders of the Single Judge and the Division Bench in that regard Service law-Employee-Superannuation-Retrial benefits- Withholding of-Direction for fvcation of Proper pension and release of G.P. fond, gratuity and other retrial benefits-Payment of interest @ I 2% p.a. on G withheld amount of G.P. fund and gratuity. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2165 of 1998. From the Judgment and Order dated 7.9.94 of the Punjab & Haryana H High Court in L.P.A. No. 906of1994. 1128 r - EX. CAPT. R.S. DHULL v. STATE OF HARYANA 1129 Raju Ramachandran and Ms. S. Janani for the Appellant. Brijender Chahar for Prem Malhotra for the Respondents. The following Order of the Court was delivered : Leave granted. The appellant is an Ex-Serviceman. He was accepted as a Tehsildar candidiate w.e.f. September 13, 1974 and allowed the benefit of military service for the purposes of seniority and was assigned the deemed date of May A B 27, 1973. It appears that certain adverse remarks came to be recorded in his Annual Confidential Reports for the years 1978-79, 1981-82, 1982-83 and 1984- C 85. The appellant questioned the adverse remarks and sought their expunction by filling a writ petition on the High Court in 1987. The High Court on 2nd May, 1990 directed the expunction of the adverse entries in the Annual Confidential Report of the appellant. The High Court also set aside the orders passed by the competent authorities against refusal to expunge the adverse entries. The respondents were directed to grant consequential relief to the D appellant. As a consequence of the judgment of the High Court dated 2nd May. 1990, the appellant was promoted as a District Revenue Officer on September 29, 1991 w.e.f. March 15, 1982. The appellant, however, was not satisfied with the orders made pursuant to the judgment of the High Court and he, therefore, filed a special leave petition in this Court being S.L.P. (c) E No. 104/92 (C.A. No. 4249/92). A Bench of this Court.granted leave and by an order dated 12.10.92 directed consideration of the appellant's name for promotion to H.C.S. (Executive Branch) without taking into account the expunged adverse remarks. After the judgment by this Court rendered in Civil Appeal No. 4249/92 on 12th October, 1992 the case of the appellant was taken up for consideration by the State Government and vide communication dated 28th of December, 1992 from the Chief Secretary, Government of Haryana, Chandigarh to the appellant, he was informed that the matter had been placed before the selection committee constituted under Rule 7(1) of the Punjab Civil Service (Executive Branch) Rules, 1930 for considering his name for recruitment F to the H.C.S. (Executive Branch) from Register A-I for the vacancies which G occurred in the year 1980 and 1982 as also for the special recruitment to the H.C.S. (Executive Branch) held in 1983, without taking into account the adverse expunged remarks. The appellan
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